U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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19–011 2003

108th Congress, 1st Session – – – – – – – – – – – – House Document 108–119

A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES THE CZECH REPUBLIC, THE REPUBLIC OF HUNGARY, THE REPUBLIC 

OF POLAND AND SPAIN

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE TEXT OF A PROPOSED AGREEMENT FOR COOPERATION 

WITHIN THE CONTEXT OF THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) BETWEEN THE UNITED STATES AND THE 

CZECH REPUBLIC, THE REPUBLIC OF HUNGARY, THE REPUBLIC 

OF POLAND AND SPAIN, PURSUANT TO 42 U.S.C. 2153(b).

SEPTEMBER 3, 2003.—Referred to the Committee on International 

Relations and ordered to be printed 


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(1)

THE WHITE HOUSE, 

Washington, August 4, 2003. 

Hon. J. DENNIS HASTERT, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: I am pleased to transmit to the Congress, 

consistent with sections 123 and 144 b. of the Atomic Energy Act, 

as amended (42 U.S.C. 2153 and 2164(b)), the text of the Agreement between the Parties to the North Atlantic Treaty for Co-operation Regarding Atomic Information, including a technical annex 

and security annex (hereinafter collectively referred to as the 

ATOMAL Agreement), as a proposed agreement for cooperation 

within the context of the North Atlantic Treaty Organization 

(NATO) between the United States of America and each of the following four members of NATO: the Czech Republic, the Republic 

of Hungary, the Republic of Poland, and Spain, hereinafter the 

‘‘New Parties.’’ I am also pleased to transmit my written approval, 

authorization and determination concerning the ATOMAL Agreement with respect to the New parties. The ATOMAL Agreement 

entered into force on March 12, 1965, with respect to the United 

States and the other NATO members at that time. The New Parties have signed this agreement and have indicated their willingness to be bound by it. The ATOMAL Agreement with respect to 

the New parties meets with requirements of the Atomic Energy Act 

of 1954, as amended. While the ATOMAL Agreement continues in 

force with respect to its original parties, for the United States it 

will not become effective as an agreement for cooperation authorizing the exchange of atomic information with respect to the New 

Parties until completion of procedures prescribed by sections 123 

and 144 b. of the Atomic Energy Act of 1954, as amended. 

For more than 35 years, the ATOMAL Agreement has served as 

the framework within which NATO and the other NATO members 

party to this agreement have received the information that is necessary to an understanding and knowledge of and participation in 

the political and strategic consensus upon which the collective military capacity of the Alliance depends. This agreement permits only 

the transfer of atomic information, not weapons, nuclear material 

or equipment. Participation in the ATOMAL Agreement will give 

the Czech Republic, the Republic of Hungary, the Republic of Poland, and Spain the same standing within the Alliance with regard 

to nuclear matters as that of the other NATO members. This is important for the cohesiveness of the Alliance and will enhance its effectiveness. 

I have considered the views and recommendations of the Department of Defense and other interested agencies in reviewing the 

ATOMAL Agreement and have determined that its performance, 

including the proposed cooperation and the proposed communicaVerDate jul 14 2003 00:48 Sep 05, 2003 Jkt 019011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD119.XXX HD119
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tion of Restricted Data thereunder, with respect to the New Parties 

will promote, and will not constitute an unreasonable risk to, the 

common defense and security. Accordingly, I have approved the 

ATOMAL Agreement with respect to the New Parties and authorized the Department of Defense to cooperate with the New Parties 

in the context of NATO upon satisfaction of the requirements of 

section 123 of the Atomic Energy Act of 1954, as amended. 

In accordance with the Atomic Energy Act of 1954, as amended, 

I am submitting to each house of Congress an authoritative copy 

of the ATOMAL Agreement as signed by each of the New Parties, 

together with a copy of the letter from the Secretary of Defense recommending my approval of the ATOMAL Agreement with respect 

to the New parties and a copy of my approval letter. The 60-day 

continuous session period provided for in section 123 begins upon 

receipt of this submission. 

Sincerely, 

GEORGE W. BUSH. 

(3)

THE WHITE HOUSE, 

Washington, August 4, 2003. 

Memorandum for the Secretary of Defense 

Subject: Provision of Atomic Information to the Czech Republic, the 

Republic of Hungary, the Republic of Poland, and Spain 

In your memorandum to me of July 18, 2003, you recommended 

that I approve pursuant to sections 123 and 144b. of the Atomic 

Energy Act of 1954, as amended, an agreement for cooperation 

within the context of the North Atlantic Treaty Organization 

(NATO) as between the Government of the United States and the 

following four members of NATO: the Czech Republic, the Republic 

of Hungary, the Republic of Poland, and Spain, hereinafter the 

‘‘New Parties.’’ The subject agreement is the Agreement between 

the Parties to the North Atlantic Treaty for Co-operation Regarding 

Atomic Information, including a technical annex and security 

annex (hereinafter collectively referred to as the ATOMAL Agreement), which entered into force on March 12, 1965, with respect to 

the United States and the other members of NATO at that time. 

Having considered your recommendations and the cooperation 

provided for in the ATOMAL Agreement with respect to the New 

Parties, in accordance with sections 123 and 144b. of the Atomic 

Energy Act of 1954, as amended, I hereby: 

a. Determine that the performance of the ATOMAL Agreement, 

including the proposed cooperation and the proposed communication of Restricted Data thereunder, with respect to the New Parties, will promote the common defense and security, and will not 

constitute an unreasonable risk to those interests. 

b. Approve the ATOMAL Agreement with respect to the New 

Parties. 

c. Authorize the Department of Defense to cooperate with the 

New Parties to the ATOMAL Agreement in the context of NATO 

upon satisfaction of the requirements of section 123 of the Atomic 

Energy Act of 1954, as amended. 

GEORGE W. BUSH. 

(5)

THE SECRETARY OF DEFENSE, 

Washington, DC, July 18, 2003. 

Memorandum for the President 

Through: Assistant to the President for National Security Affairs 

Subject: Provision of Atomic Information to the Czech Republic, the 

Republic of Hungary, the Republic of Poland, and Spain 

I hereby submit for your consideration and approval pursuant to 

sections 123 and 144 b. of the Atomic Energy Act of 1954, as 

amended, an agreement for cooperation authorizing the exchange 

of atomic information within the context of the North Atlantic 

Treaty Organization (NATO) as between the United States and the 

following four members of NATO: the Czech Republic, the Republic 

of Hungary, the Republic of Poland, and Spain, hereinafter the 

‘‘New Parties.’’ The attached Agreement is the Agreement between 

the Parties to the North Atlantic Treaty for Co-operation Regarding 

Atomic Information, including a technical annex and a security 

annex (hereinafter collectively referred to as the ATOMAL Agreement), which entered into force on March 12, 1965, with respect to 

the United States and the other NATO members at that time. This 

agreement continues in force with respect to the original parties 

and is being submitted now only with respect to the New Parties. 

The ATOMAL Agreement will not become effective as an agreement for cooperation under U.S. law with respect to the New Parties until completion of procedures prescribed by sections 123 and 

144 b. of the Atomic Energy Act of 1954, as amended. (One of those 

prescribed procedures is authorization of execution of the agreement; the ATOMAL Agreement having been executed by the 

United States in 1964, there is no need to approve its execution by 

the United States now). 

THe ATOMAL Agreement authorizes communication by the Government of the United States to NATO and its member states of 

such atomic information as is determined by the Government of the 

United States of America to be necessary to: 

a. the development of defense plans; 

b. the training of personnel in the employment of and defense against atomic weapons and other military applications 

of atomic energy; 

c. the evaluation of the capabilities of potential enemies in 

the employment of atomic weapons and other military applications of atomic energy; and 

d. the development of delivery systems compatible with the 

atomic weapons which they carry. 

‘‘Atomic information’’ is defined in Article IX of the ATOMAL 

Agreement as ‘‘information which is designated ‘Restricted Data’ or ‘Formerly Restricted Data’ by the Government of the United States 

of America.’’ For more than 35 years, the ATOMAL Agreement has 

served as the framework within which NATO and the other NATO 

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members party to this agreement have received the information 

that is necessary to an understanding and knowledge of, and participation in, the political and strategic consensus upon which the 

collective military capacity of the alliance depends. 

No member of NATO may receive atomic information from the 

United States unless it is also a party to the ATOMAL Agreement. 

When that agreement was concluded in 1964, all of the members 

of NATO at that time became parties. The ATOMAL Agreement 

contains no accession clause. It, in effect, constitutes a bilateral 

section 144 b. agreement between the United States and each of 

the other signatories in the context of NATO. Accordingly, signature of the ATOMAL Agreement by any new member of NATO, in 

effect, would create a new bilateral agreement between the United 

States and that country that would have to be submitted to Congress in accordance with section 123 as a new agreement for cooperation between the United States and the new member in the 

context of NATO. Since conclusion of the ATOMAL Agreement in 

1964, the Czech Republic, the Republic of Hungary, the Republic 

of Poland, and Spain have become members of NATO, have now 

signed that agreement and have indicated their willingness to be 

bound by it. Their participation in the ATOMAL Agreement will 

give them the same standing within the alliance with regard to nuclear matters as that of the other members. In order to authorize 

communication of atomic information to those four countries on the 

same basis as the original parties to the ATOMAL Agreement, I 

recommend that you submit to Congress, for a period of sixty days 

of continuous session pursuant to section 123 of the Act, the 

ATOMAL Agreement as an agreement for cooperation between the 

United States and each of the New Parties. 

The ATOMAL Agreement, which was in compliance with the substantive requirements of section 123 when it originally entered into 

force, continues to be in compliance with the substantive requirements of section 123 as it has since been amended. This agreement 

permits only the transfer of information, not weapons, nuclear material or equipment. Since only atomic information is transferred 

pursuant to this agreement, the only relevant substantive provision 

of section 123 relates to restrictions on retransfer of Restricted 

Data. Section 123 a.(5) of the Atomic Energy Act of 1954, as 

amended, requires for an agreement for cooperation ‘‘a guaranty by 

the cooperating party that any . . . Restricted Data transferred 

pursuant to the agreement for cooperation . . . will not be transferred to unauthorized persons or beyond the jurisdiction or control 

of the cooperating party without the consent of the United States.’’

This requirement is met in this Agreement by the commitments set 

forth in the following paragraphs of Article V of the ATOMAL 

Agreement: 

4. Atomic information communicated or exchanged pursuant to 

this Agreement shall not be communicated or exchanged by the 

North Atlantic Treaty Organization or persons under its jurisdiction to any unauthorized persons or, except as provided in paragraph 5 of this article, beyond the jurisdiction of that Organization. 

5. Unless otherwise specified by the Government of the United 

States of America, United States atomic information provided to 

the North Atlantic Treaty Organization may be communicated by 

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the North Atlantic Treaty Organization to its member states as 

necessary to carry out functions related to NATO missions, provided that dissemination of such atomic information within such 

member states is limited to those specific individuals concerned 

with the NATO missions for which the information is required. 

Member states agree that atomic information so received from the 

North Atlantic Treaty Organization or otherwise pursuant to this 

Agreement will not be transferred to unauthorized persons or beyond the jurisdiction of the recipient member state; however, such 

information may be communicated to the North Atlantic Treaty Organization or, when authorized by the Government of the United 

States of America, to other member states requiring the information for functions related to NATO missions. 

In the last sentence of paragraph 5, member states agree not to 

transfer atomic information received pursuant to this agreement to 

unauthorized persons or beyond the jurisdiction of the recipient 

member state. Although they additionally are expressly permitted 

in that sentence to communicate such information to NATO, they 

may communicate it to other member states only ‘‘when authorized 

by the Government of the United States of America.’’ With respect 

to NATO, the first sentence of paragraph 5 allows the United 

States to specify that NATO may not communicate United States 

atomic information to any particular member state or states. Thus, 

an effect of paragraph 5 is to allow the United States to specify 

that no atomic information may be transferred to any member of 

NATO that is not a party to the ATOMAL Agreement either by 

NATO or duly authorized member state recipients except with 

United States authorization. Furthermore, Article VI of the 

ATOMAL Agreement allows the United States, notwithstanding 

any other provision of the Agreement, to restrict dissemination of 

any atomic information that it provides. These provisions meet the 

requirement of section 123 a.(5) of the Atomic Energy Act, as 

amended, because the United States can, and must specify that no 

atomic information may be transferred to any NATO member until 

it becomes a party to the ATOMAL Agreement. (As noted above, 

‘‘atomic information’’ includes both Restricted Data and Formerly 

Restricted Data.) 

The New Parties, in participating with the Government of the 

United States in NATO, are making substantial and material contributions to the mutual defense and security. It is the view of the 

Department of Defense that the addition of the New Parties to the 

ATOMAL Agreement is entirely in accord with the provisions of 

the Atomic Energy Act of 1954, as amended. It is the considered 

opinion of the Department of Defense that the performance of the 

ATOMAL Agreement with the New Parties will promote and will 

not constitute an unreasonable risk to the common defense and security. Accordingly, in accordance with sections 123 and 144 b. of 

the Atomic Energy Act of 1954, as amended, I recommend that you 

sign the determination, approval, and authorization at attachment 

1, whereby you: 

a. Determine that the performance of the ATOMAL Agreement, including the proposed cooperation and the proposed 

communication of Restricted Data thereunder, with respect to 

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the New Parties will promote, and will not constitute an unreasonable risk to, the common defense and security; 

b. Approve the ATOMAL Agreement with respect to the New 

Parties; and 

c. Authorize the Department of Defense to cooperate with the 

New Parties to the ATOMAL Agreement in the context of 

NATO upon satisfaction of the requirements of section 123 of 

the Atomic Energy Act of 1954, as amended. 

I further recommend that you sign the proposed transmittal to 

the Congress at Attachment 2. The U.S. Department of State and 

the U.S. Department of Energy concur in the foregoing recommendations. 

DONALD H. RUMSFELD. 

(9)


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